Legal Question in Consumer Law in Virginia

do i have to pay for a order cancelled w/in 24 hours submitted

i sighned an agreement at a new dentist to pay for services rendered. he examined, cleaned, and took impressions for a mouth gaurd to be manufactoried off site. before leaving, i paid for services rendered, the cleaning, exam, and impressions. we had a verble agreement that i would purchase the gaurd and pay for it upon receipt. the next morning i verbally cancelled the order. i'm being sued for the gaurd. do i have to pay?


Asked on 6/22/00, 5:17 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: do i have to pay for a order cancelled w/in 24 hours submitted

Yes. On the facts as you've stated them here, you ordered a product to be specially made. What you want to do, apparently, and assuming the agreement as you've stated it, is not to "cancel" the contract, but to terminate it unilaterally. That's called anticipatory repudiation. The dentist could have sued you for damages even without having had the guard made.

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Answered on 9/02/00, 8:27 am


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